Proposed Mississippi Plain Language Model Jury Instructions - Civil 3802

Standard of Care

A person driving a motor vehicle has a duty to drive at a reasonable speed and to keep the

vehicle under reasonable control under the circumstances.

General Instruction

[Name of plaintiff] claims that [name of defendant] failed to drive at a reasonable speed

under the circumstances or to keep [his/her/its] vehicle under reasonable control under the

circumstances and injured [name of plaintiff]. [Name of plaintiff] claims that [name of

defendant] is legally responsible for [name of plaintiff]’s damages. To establish this claim, [name

of plaintiff] must prove all of the following are more likely true than not true:

1. [Name of defendant] failed to ________________________ [specify (1) drive at a reasonable

speed under the circumstances or (2) keep [his/her/its] vehicle under reasonable control under the

circumstances] by _______________________ [describe defendant’s alleged actions];

2. [Name of plaintiff] suffered damages as a result of [name of defendant]’s failure to

________________________ [specify (1) drive at a reasonable speed under the circumstances or

(2) keep [his/her/its] vehicle under reasonable control under the circumstances]; and

3. [Name of defendant]’s failure to ________________________ [specify (1) drive at a

reasonable speed under the circumstances or (2) keep [his/her/its] vehicle under reasonable

control under the circumstances] was a substantial factor in causing [name of plaintiff]’s

damages.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of defendant] fail to ________________________ [specify (1) drive at a

reasonable speed under the circumstances or (2) keep [his/her/its] vehicle under reasonable

control under the circumstances] by _______________________ [describe defendant’s alleged

actions]?

YES _______ NO _______

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. Did [name of plaintiff] suffer damages as a result of [name of defendant]’s failure to

________________________ [specify (1) drive at a reasonable speed under the circumstances or

(2) keep [his/her/its] vehicle under reasonable control under the circumstances]?

YES _______ NO _______

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop

here and tell the bailiff.

3. Was [name of defendant]’s failure to ________________________ [specify (1) drive at a

reasonable speed under the circumstances or (2) keep [his/her/its] vehicle under reasonable

control under the circumstances] a substantial factor in causing [name of plaintiff]’s damages?

YES _______ NO _______

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

here and tell the bailiff.

4. What are [name of plaintiff]’s damages?

$__________ TOTAL